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17.0236.

01000
Sixty-fifth
Legislative Assembly
of North Dakota

HOUSE BILL NO. 1327

Introduced by
Representatives Kading, Laning, McWilliams, Schreiber-Beck, Skroch, Toman

A BILL for an Act to amend and reenact section 54-21.3-03 of the North Dakota Century Code,

relating to exceptions from inspections for home repairs performed by a homeowner.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

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SECTION 1. AMENDMENT. Section 54-21.3-03 of the North Dakota Century Code is


amended and reenacted as follows:

54-21.3-03. State building code.

1.

The department of commerce, in cooperation with the state building code advisory

committee, shall adopt rules to implement, amend, and periodically update the state

building code, which must consist of the international building, residential, mechanical,

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and fuel gas codes.


2.

The state building code advisory committee consists of:


a.

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one of whom must be from a jurisdiction of fewer than ten thousand people.
b.

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Two representatives appointed by the North Dakota building officials association,

One representative appointed by the North Dakota chapter of the American


institute of architects.

c.

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One representative appointed by the North Dakota society of professional


engineers.

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d.

One representative appointed by the North Dakota association of builders.

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e.

One representative appointed by the North Dakota association of mechanical

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contractors.

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f.

One representative appointed by the associated general contractors.

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g.

A fire marshal appointed by the state fire marshal.

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h.

One individual appointed by the state electrical board.

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Sixty-fifth
Legislative Assembly

3.

The state building code advisory committee shall meet with the department of

commerce or a designee of the commissioner of commerce at least once each

calendar year to address proposed amendments to the state building code. The

department of commerce may not adopt an amendment to the state building code

unless the amendment is approved by a majority vote of:

a.

One representative appointed by the North Dakota chapter of the American


institute of architects;

b.

One representative appointed by the North Dakota society of professional


engineers;

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c.

One representative appointed by the North Dakota association of builders;

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d.

One representative appointed by the North Dakota association of mechanical

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contractors;

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e.

One representative appointed by the associated general contractors; and

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f.

Representatives of eligible jurisdictions as established by administrative rule.

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4.

The state building code or a building code adopted by a city, township, or county may

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not include a requirement that fire sprinklers be installed in a single family dwelling or

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a residential building that contains no more than two dwelling units.

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5.

The state building code, plumbing code, electrical code, an equivalent code adopted

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by a city, township, or county, or any local ordinance or regulation may not require an

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inspection of a single-family home upon completion of an improvement to the home by

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the owner, if the home is not used as rental property and the owner certifies to the

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appropriate governing authority the improvement was made in compliance with the

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applicable code.

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6.

The state building code, plumbing code, electrical code, or an equivalent code

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adopted by a political subdivisioncity, township, or county must provide that a building

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designed for and used as a school portable classroom may be constructed and

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inspected as a temporary structure as defined by the state building code or may be

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permitted as a permanent school portable classroom. The foundation system of such a

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structure must comply with the recommendations of the manufacturer's engineering

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report for a preengineered unit or a structural engineer's report. Frost-free footings

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may not be required for a temporary structure that meets the requirements of the state

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17.0236.01000

Sixty-fifth
Legislative Assembly

building code unless required by an engineering report. Temporary electrical and

plumbing installations may be allowed for any structure by the governmental entities

governing those areas of construction or the applicable codes.

5.7.

For the purposes of manufactured homes, the state building code consists of the

manufactured homes construction and safety standards under 24 CFR 3280 adopted

pursuant to the Manufactured Housing Construction and Safety Standards Act

[42 U.S.C. 5401 et seq.].

6.8.

The governing body of a city, township, or county that elects to administer and enforce
a building code shall adopt and enforce the state building code. However, the state

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building code may be amended by cities, townships, and counties to conform to local

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needs.

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7.9.

A modular residential structure or a prebuilt home placed in the state must be

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constructed in compliance with the state building code. A modular residential structure

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or a prebuilt home placed in a jurisdiction that has amended the state building code

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must be constructed in compliance with the state building code and the amendments

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adopted by that jurisdiction.

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